HomeMy Public PortalAboutPlanning Board -- 2007-10-10 Minutes. 0 s!f p 9~;
,.
~; ~ ~
2 ~_ ~;~ ~.
y?~ a~~
O _ _ r~ y
~'
////~//////i F e. ~ P9 Rti a°o.~\\~~~~~\\\\\
Date Approved with modifications: October 24, 2007
Vote 5-0-0
Brewster Planning Board
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701 ext. 133
FAX (508) 896-8089
TOWN OF BREWSTER MINUTES OF PLANNING BOARD
Wednesday October 10, 2007 7:00 P.M.
Brewster Town Office Building
Chairman Henchy convened the Planning Board meeting at 7:OOPM in the Brewster Town Office Building
with members Taylor, Pierce, Tubman, Cabezas, and McMullen.
Chairman Henchy opened the hearing October 10, 2007 by reading the legal advertisement and making
the applicant and parties in interest aware of their rights to appeal as required under Chapter 40A, Section
17. He stated that during the hearing any member of the Board or interested party could direct questions
through the Chairman to a speaker relating to the proposal.
LEGAL HEARING: -Modification of Special Permit #2005-07. Applicant: James McGinnis, Cathy
McGinnis, Todd Hoyt d/b/a Bayside Seafood -Located at 2740 Main Street, Assessors' Map 14; Parcel 61.
Proposal to seek a modification to allow self service seating indoors in the off season only from October 15
to April 30.
Present for the Applicant: Duane Landreth, esq., LaTanzi Spaulding & Landreth; Cathy McGinnis and Todd
Hoyt.
John McMullen recussed himself from this hearing.
Landreth: Presented the application. The applicant wished to seek a modification in their Special Permit to
allow indoor seating for 18 seats only from October 15 through April 30. The seating would be used for take
out food use only. The applicant has eliminated the residential apartment and the septic has been re-
designed to accommodate 43 seats with commercial usage of 3,150 SF. The current plan shows picnic
tables and Adirondack chairs outside the porch. The applicant would like to swap picnic tables for 18 inside
seats in the back of the store.
McGinnis: Ms. McGinnis added that they have been very successful with their homemade soups but have
received complaints from customers that they don't have any indoor seating. Ms. McGinnis would like to try
to keep the store open year round and this may help to make if economically feasible. Bayside Seafood was
mentioned in a recent edition of the Boston Globe - a copy of the article was submitted.
Landreth: From a legal stand point, this modification complies with the criteria of the original permit. Mr.
Landreth highlighted the purpose of the COPD and that when Bayside submitted their application they had to
take into account the worst case scenarios. They looked at the traffic impact during the "season" and this
modification will not have any additional impact because it will be during the off season. In addition, Mr.
Landreth addressed Mr. Bersin's comment on the sidewalk/crosswalk not up to standards. Apparently, Ms.
McGinnis has been trying to work with Ocean Edge to work out a joint solution. They have not made any
progress and would need to address the sidewalk/crosswalk on their own. The other issues relating to
conforming to a special permit:
Planning Board Meeting Page 1 of 6
10-10-07
- The use must be consistent for the zone. The business is zoned VB and a restaurant is allowed
when you have a special permit -they would not be changing the use
- the site was suitable
- the site had adequate access, parking, and septic
- The landscape was appropriate, there would be no degrading of the groundwater system and
there would be no physical changes.
Mr. Landreth requested that the Board rule in favor of the modification.
Henchy: Read the Department Review Summary sheet and then opened the floor to the Board
Taylor: Ms. Taylor wanted to know how the crosswalk situation was being handled
McGinnis: They had submitted a letter to Mr. Staley, the Building Commissioner, stating they were
addressing the issue individually because they had not been able to work out a solution with Ocean Edge.
Taylor: Wanted to know why Mr. Staley stated the applicant would need to submit a change of use with the
Building Dept. -there isn't a change of use
Landreth: Would address with Mr. Staley
Henchy: Opened the floor to the Public
Chief Jones (Fire Chief): He would like to see Ocean Edge put in a sidewalk also.
Henchy: said the Town of Brewster had asked the State to put in the sidewalk
Tubman: would the picnic tables be removed?
McGinnis: yes, the picnic tables would be moved to storage in the basement.
Taylor: Read the Letter from the ZBA -stating they approved the variance supporting the Planning Boards
decision to allow exterior seating. Would the applicant need to go before the ZBA?
Freeman: (chairman from the ZBA): Mr. Freeman stated it would not be necessary since the applicant was
modifying their Special Permit
Motion to Close to Public input was made by Taylor. Second by Pierce.
VOTE: All Aye
Motion to draft a favorable decision was made by Taylor. Second by Pierce.
VOTE: All Aye
LEGAL HEARING: will be held for consideration of the Town to undertake a series of road repairs under the
Town's Betterment and Assessment Program in Accordance with Article VIII, temporary road repair, section
157-20 of Brewster's Code, for the following roads:
1. Muskrat Lane & Beaver Road -off Linnell Landing on Assessors Map 9
2. Old Valley Road -off Blueberry Pond Drive, on Assessors Map 28
3. Whiffletree Ave. -off Airline Road, on Assessors Map 21
Present for the Applicants: John O'Reilly, Bennett & O'Reilly
1. Muskrat Lane 8 Beaver Road -off Linnell Landing on Assessors Map 9
Mr. O'Reilly presented the plans and estimated costs for Muskrat Lane/Beaver Road. He noted that there
were a lot of wetlands in the area and therefore needed to make adjustments to accommodate drainage and
the swells in the road.
Planning Board Meeting Page 2 of 6
10-10-07
3 Residents on the road were present and wanted to know the cost of the project per linear foot?
Bersin: $133/linear foot
Residents: They weren't aware that the cost was going to be so high. They realize the road is in bad shape
and recognize that the improvements were necessary.
O'Reilly: Suggested that they may be able to save some money if they didn't make the pavement so thick.
Typically, when they actually begin working on the job the real costs come in lower. The contractors know
that at the preliminary stage they need to ask for the maximum amount it would take to get the job done
because they know they can't get any additional funds unless the applicant went before Town Meeting again.
McMullen: Mentioned the cost appears to be high per owner because it is a short road and there aren't
many property owners affected.
Tubman: Noted that revised bids would be received prior to the start of work
Taylor: where was the puddling of water? And where is the drainage?
O'Reilly: the accumulation occurs at the low points -one point was near the wetlands and it drains out to the
beach
Taylor: What is the proposed width of the road?
O'Reilly: The travel lane is 17 feet it will be brought up to 18-19 and will be uniform throughout.
Chief Jones: The narrowing of the road is becoming an issue. Chief Jones invited the Planning Board to
revisit the plans for when the subdivision was approved. And require the applicant to bring the road up to the
standards as of the time of the approval. Chief Jones requested that this invitation apply to all three road
betterment projects before the Planning Board tonight.
Henchy: Mr. Henchy was unsure if there were requirements at that point. There were no other comments
from the public or the board.
Motion was made by McMullen to endorse the Muskrat/Beaver Road -road betterment at Town Meeting.
Second by Pierce.
Vote: All Aye
2. Whiffletree Ave. -off Airline Road, on Assessors Map 21
Present for applicant: John O'Reilly, Bennett & O'Reilly
O'Reilly: Presented the plan and the cost for Whiffletree Ave. Mr. O'Reilly stated that the road would be 12
feet wide with a 2 foot wide berm. In addition, at the intersection with Stony Brook there would be an 18 foot
area to accommodate incoming and outgoing traffic and they would install 2 catch basins for drainage.
Resident: Stated that the owners on the street had currently paved over 165 feet of the road and had plans
to pave another 400 feet. They don't want the look of the area disturbed. He also stated that 7 owners were
not in favor of the betterment.
Douglass: Jillian Douglass, Asst. Town Administrator, stated that the application was in process and needed
to move forward. The owners will be given another opportunity to vote for the betterment and if the Town
does not receive a majority vote then the betterment will not be presented at Town Meeting. The letter would
go out in November.
Planning Board Meeting Page 3 of 6
10-10-07
Tooles: (an abutter): Stated they couldn't wait for the betterment to be approved by the Town -the road
work needs to done and can be done on their own.
Tubman: Stated that the plan was before the Board and the Board needed to address.
Bersin: Mr. Bersin mentioned that a 12 foot wide paved road may become a problem. With an improved
roadway it will increase the traffic and there could become a drainage issue onto Stony Brook.
Henchy: Noted that if the owners do the work on their own then they can do what they want -The Board has
no input.
Motion was made by McMullen to endorse the Road betterment. Second by Pierce.
Vote: All Aye
2. Old Valley Road -off Blueberry Pond Drive, on Assessors Map 28
Henchy: recussed himself from this hearing -McMullen stepped in for Mr. Henchy
O'Reilly: Presented the plan and the cost for Old Valley Road. Mr. O'Reilly noted that there were several
patches to be cut out, removed and replaced with new binder. He proposed a 20 foot width and noted there
were 19 lots being affected.
Resident: They were in favor of the betterment -they have had some drainage issues and they hope this
will solve those problems.
Motion was made by Pierce to endorse the road betterment. Second by Taylor.
Vote: All Aye.
PUBLIC HEARING: The Public Hearing will be held for consideration of the Zoning Bylaws to be
submitted as Articles on the Town of Brewster's Fall Town Meeting Warrant on November 5, 2007.
The proposed Zoning Bylaw amendments are as follows:
Modifications to the following Zoning Bylaw Amendments:
Article No. 13 Accessory Buildings & Structures
Article No. 14 Sign Regulations for Intersection Island
Article No. 15 Sign Regulations Town Events
Article No. 18 Use Variances
Article No. 19 Affordable Housing
Article No. 20 Affordable Housing Definitions
Article No. 21 Home Occupations
Proposed new Zoning Bylaw Amendments:
Article No. 16 Wind Energy Turbines
Article No. 22 Earthmoving, Earth Removal and Excavations
Proposed new Town Bylaw
Article No. 17 Water Quality Protection
Henchy: Presented the following Articles. A discussion relating to each article occurred and then the
following motions were made:
Article No. 13 Accessory Buildings & Structures
Motion made by McMullen to bring Article 13 before Town Meeting. Second by Pierce.
VOTE: All Aye.
Planning Board Meeting Page 4 of 6
10-10-07
Article No. 14 Sign Regulations for Intersection Island
Motion made by Pierce to bring Article 14 before Town Meeting. Second by McMullen.
VOTE: All Aye
Article No. 15 Sign Regulations Town Events
Motion made by Pierce to bring Article 15 before Town Meeting. Second by Tubman.
VOTE: All Aye
Article No. 18 Use Variances
Motion made by Taylor to bring Article 18 before Town Meeting. Second by Cabezas.
VOTE: All Aye
Article No. 19 Affordable Housing
Discussion: A member of the Affordable Housing Partnership pointed out 3 minor changes
that would need to be made at Town Meeting. The Board agreed with the changes.
Motion made by Pierce to bring Article 19 before Town Meeting with 3 changes to be
made at the meeting. Second by Tubman.
VOTE: All Aye
Article No. 20 Affordable Housing Definitions
Motion made by Taylor to bring Article 20 before Town Meeting. Second by McMullen.
VOTE: All Aye
Article No. 21 Home Occupations
Discussion: There was a discussion regarding some potential legal issues relating to this
Article. It was agreed that this Article needed to be reviewed further before being
presented at Town Meeting.
Motion made by McMullen to indefinitely postpone Article 21 at Town Meeting. Second by
Cabezas.
VOTE: All Aye
Proposed new Zoning Bylaw Amendments:
Article No. 16 Wind Energy Turbines
Discussion: A member from the audience noted that at some point all Turbines would fail
and he wanted to know how the Town would address liability. And would the Turbines be
inspected every year. Mr. Henchy noted that there would be rules and regulations
adopted that the applicant would need to conform to. Pierce noted a change that would
need to be made at Town Meeting.
Motion made by Pierce to bring Article 16 before Town Meeting with the change noted.
Second by Tubman.
VOTE: All Aye
Article No. 22 Earthmoving, Earth Removal and Excavations
Tubman recussed herself from this Article
Discussion: Mr. Cabezas was concerned that this bylaw doesn't address all the issues
involved with protecting our water. In particular, he was concerned that oil tanks, septic
issues haven't been addressed, and that the golf course is using potential hazardous
materials (fertilizers). Mr. McMullen was concerned that this Article was too restrictive and
could be an issue with businesses.
Motion made by Pierce to bring Article 22 before Town Meeting. Second by Taylor.
VOTE: 3-2-1
Roll Call: Henchy: Aye Taylor: Aye
McMullen: No Pierce: Aye
Cabezas: No Tubman: Recussed
Planning Board Meeting Page 5 of 6
10-10-07
Proposed new Town Bylaw
Article No. 17 Water Quality Protection
Discussion: Mr. Lewis noted the Water Dept. had some concerns regarding this article.
The Water Dept. was concerned with weakening our controls by introducing this Town
Bylaw. And they were concerned with how it would be enforced. Mr. Lewis felt we hadn't
reviewed this article with all appropriate parties and felt we may be rushing this. The
Selectman would be discussing at the next 2 meetings. The Water Quality Review
Committee would be meeting on Friday. Ms. Taylor questioned whether the article was
current with all of DEP's regulations. She noted that we needed to get a copy of the
updated regulations. Ms. Hughes questioned whether the WQRC would have enough
man power to handle all the projects that would come before the Board as a result of this
Bylaw.
Motion made by Pierce to bring Article 17 before Town Meeting with the provision that the
Article may have changes made. Second by McMullen.
VOTE: All Aye
Motion by Pierce to adjorn. Second - Cabezas. All AYE.
0 l: ~ d L L ~3~ L0.
n
~, .,,~~
~~~~
Planning Board Meeting Page 6 of 6
10-10-07
Respectfully submitted,